SIVADASAN Vs. SREE NARAYANA TRUST, KOLLAM

JUDGEMENT

(1.) RESPONDENTS appear through Adv. A.N.Rajan Babu. We heard him and the learned senior advocate Sri.S.V.Balakrishna Iyer for the appellants. This appeal is filed against an order by which the court below refused to pass an order of temporary injunction in a suit instituted with leave under Section 92 of the Code of Civil Procedure. The matter relates to Sree Narayana Trust. The High Court had framed a scheme for that trust in an earlier proceeding. It appears that there is a clause in that scheme which enables any person to approach the High Court for orders in connection with modification of that scheme. The suit instituted before the court below, as rightly pointed out by the learned counsel for the respondents, is not a matter in connection with the terms of the scheme or its modification. The cause of action appears to be built on the listing of certain items for consideration in a General Body. This is stated to be including proposals to frame or amend rules regarding the conduct of election and other matters. According to the appellants, any such amendment would impinge on clause 34 of the scheme. Therefore, either way, the scheme is not sought to be modified by moving the court below. We are also told that by this time, the Sub Court, Thalasserry had issued an order of temporary injunction, on the basis of which the election now stands deferred.